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BayCAP2
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<br />Bay Area Charge Ahead Project 2 - Approval to Proceed | July 30, 2014 | page 7
<br />stops are not included in the standard ABM work scope. If additional protection is desired or
<br />required by the City, bollards or wheel stops can be procured and installed with the city’s own
<br />resources or a proposal can be provided by ABM.
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<br />VII. ABM Terms and Conditions
<br />A. INDEMNIFICATION. ABM will defend, indemnify and save harmless the Site Host, its officers,
<br />agents and employees from any and all claims, demands, damages, costs, expenses (including
<br />attorney’s fees), judgments or liabilities arising out of this Agreement or occasioned by the
<br />performance or attempted performance of the provisions hereof; including, but not limited to, any
<br />act or omission to act on ABM’s part, or that of ABM’s agents or employees or other independent
<br />contractors directly responsible to ABM, but only to the extent same are caused by the negligence,
<br />misconduct, or fault of ABM, ABM’s agents or employees or other independent contractors
<br />directly responsible to ABM. ABM shall notify both the Site Host’s Designee and Purchasing
<br />immediately in the event of any accident or injury arising out of or in connection with this
<br />Contract.
<br />B. Contractor Access to Site: The Site Host shall permit ABM (“Contractor”), free and timely access
<br />to areas and equipment, and allow Contractor to start and stop the equipment as necessary to
<br />perform required services. All planned work under this Agreement will be performed during
<br />Contractor’s normal working hours.
<br />C. Workmanship & Warranty: Contractor warrants that the workmanship hereunder shall be free
<br />from defects for one year from date of installation. If any replacement part or item of
<br />equipment proves defective, Contractor will extend to Customer the benefits of any warranty
<br />Contractor has received from the manufacturer. Removal and reinstallation of any equipment or
<br />materials repaired or replaced not under a manufacturer’s warranty will be at Customer’s
<br />expense and at the rates then in effect.
<br />D. Alteration to Scope of Work: Any alteration to, or deviation from, the scope of work in this
<br />Agreement involving extra work, cost of material or labor will become an extra charge (fixed-
<br />price amount or on a time-and-material basis at Contractor’s rates then in effect) over the sum
<br />stated in this Agreement.
<br />E. Liability for Delay: Contractor shall not be liable for any delay, loss, damage, or detention
<br />caused by unavailability of machinery, equipment or materials, delay of carriers, strikes,
<br />including those by Contractor’s employees, lockouts, civil or military authority, priority
<br />regulations, insurrection or riot, action of the elements, forces of nature, or by any cause
<br />beyond its control.
<br />F. OSHA Provisions: Site Host shall make available to Contractor’s personnel all pertinent Material
<br />Safety Data Sheets (MSDS) pursuant to OSHA’s Hazard Communication Standard Regulations.
<br />G. Toxic and Hazardous Substances: Site Host’s obligation under this proposal; and any
<br />subsequent contract does not include the identification, abatement or removal of asbestos or
<br />any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event
<br />such substances, wastes, or materials are encountered, Contractor’s sole obligation will be to
<br />notify the Site Host of their existence. Contractor shall have the right thereafter to suspend its
<br />work until such substances, wastes, or materials and the resultant hazards are removed. The
<br />time for completion of the work shall be extended to the extent caused by the suspension and
<br />the contract price equitably adjusted.
<br />H. Damage Limitation: UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT
<br />(INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR
<br />LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, .
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